Article II United States Constitution

Articles of Confederation No Executive Branch Instead, the Congress of the Articles of Confederation would elect a President of the Congress for a one-year term. Samuel Johnston was the first elected after the Articles went into effect, but declined the office Thomas McKean was then elected, but got bored and resigned a few months later. James Hansen became the first elected President of Congress to serve the whole one-year term Wikipedia.com

Philadelphia, 1787 Virginia’s Plan for the Executive Branch That a national executive be instituted, to be chosen by the national legislature for the term of _______ years… general authority to execute the national laws, it ought to enjoy the executive rights vested in congress by the confederation… That the executive, and a convenient number of the national judiciary, ought to compose a council of revision, with authority to examine every act of the national legislature, before it shall operate… and that the dissent of the said council shall amount to a rejection… New Jersey’s Plan for the Executive Branch It called for Congress to select an executive council, which would serve one four-year term, and which would be subject to recall by state governors. Alexander Hamilton’s idea… A one-man executive who would serve for life and have veto power over all federal and state laws Nolo.com Bill of Rights Institute WalterCoffey.wordpress.com

After 60 ballots, delegates approved creating a single executive called the president; this was the first national executive in American history. The PRESIDENT (that is, the executive branch) would be elected at the state level through an ELECTORAL COLLEGE whose numbers reflected representation in the legislature. The president would be commander-in-chief of the national military. The president was empowered to appoint all executive and judicial officials. The president was empowered to negotiate international treaties Ushistory.org WalterCoffey.wordpress.com

Section 1 President of the United States of America has the executive power Term of Office – four years Originally, he could also run for unlimited terms however… Washington was offered a 3 rd term and turned it down – worrying it would look too much like the monarchy they had left behind with England All presidents followed Washington’s example until FDR who won four terms, but only served three before passing away shortly after taking office for the fourth term The 22 nd amendment now limits the President to two terms but not more than 10 years

Section 1…continued The President and Vice President are elected as follows: Each state appoints a number of electors equal to the number of Representatives they have in Congress plus the two Senators No elector can be a Representative or Senator or any other office holder in the United States government The Electors meet in their respective state and vote by ballot for two people At least one of those people cannot be from the same state as the electors in that particular state They make a list of all people they voted for and how many votes each person received The list is certified, sent to the seat of the national government to the attention of the President of the Senate

The President of the Senate, in the presence of both houses of Congress, opens the certificates and counts the votes The person with the majority of the electoral votes is President of the United States. If no candidate receives a majority, the House of Representative will decide the winner Each state in the House is given one vote The person with the most votes will be President and the runner-up Vice President If there’s a tie for second place/Vice President, the Senate will choose the Vice President

This method of casting ballots if no candidate received a majority of votes in the Electoral College proved to be disastrous in the election of 1800, The House cast 36 ballots before Jefferson was finally elected President! This brought on the addition of the 12 th Amendment which states… The House of Representatives now must cast two separate ballots if there is no majority in the Electoral College One ballot for President One ballot for Vice President If there’s a tie for Vice President the Senate will vote for Vice President

Congress determines The time of choosing the Electors The time the Electors cast their ballots This day has to be the same for the whole nation Qualifications for President (& Vice President) Must be a natural-born citizen or a citizen at the time of the Adoption of the Constitution Must be at least 35 years old Must have lived in the U.S. for at least 14 years

If the President dies, becomes disabled, or is removed from office The duties fall to the Vice President Congress can decide via law, what officers follow the VP if he cannot assume the responsibilities Until JFK’s assassination in 1963, Congress had let tradition handle the succession of the President. By 1969 they had added the 25 th Amendment that established the official line of succession The Officer filling in for the President acts in his place until the disability is removed from the President or another Presidential election is held

President’s Salary He get’s paid, but can’t get a reduction in pay or a raise for that term of office He can’t get paid anything additional money by the U.S. or any state. Oath of Office He must take the following Oath before assuming office “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section 2 The President is the Commander in Chief of the Armed Forces of the U.S. and the militias of the States when called into service of the U.S. He can gain advice from the leaders of the Executive Departments in order to help him as Chief Executive of the U.S. He has Clemency Power He can grant reprieves and pardons for offenses against the United States

With the advice and consent of the Senate, he can make treaties 2/3rds of the Senate has to approve the treaty before it goes into effect He can appoint Ambassadors Public ministers and consuls Judges of the Supreme Court And other officers who are not already provided for He can fill vacancies in any of the above offices that happen when the Senate is in recess. The appointment lasts until the end of the next Senate session This doesn’t happen much anymore because the Senate meets almost year-around now.

Section 3 The President shall deliver to Congress the State of the Union message from time to time Now happens toward the end of January each year He may recommend legislation This usually is introduced during the State of the Union message He can convene both houses in time of emergency He can adjourn the houses if they can’t agree on a time to do so He receives Ambassadors and other public ministers He sees that all laws are faithfully executed/enforced He commissions all Officers of the U.S.

Section 4 The President, VP, and all other civil Officers of the U.S. can be removed from office via impeachment for and conviction of Treason Bribery Other high crimes and misdemeanors